The legal system in Kabul as of November, 2010

15 years’ jail for fleeing from a cruel husband

Exclusive: Inside the Kabul jail where a battered wife serves a longer term than a suicide bomber.

This woman (above left) was a failed suicide bomber, sentenced to 4 years. Shahperai (above right) a 22-year-old woman sentenced to 15-years for fleeing from a cruel husband.

By Oliver Englehart

NOVEMBER 16, 2010

At the Badam Bagh women's prison in Kabul, home to 150 female inmates and 70 of their children, the chief warden, Lt Col Zarafshan, lowers her voice. "Because of my pain, my hurt and my sense of injustice, I am telling you this," she says. "If we had a good justice system only about ten of these women would be in prison."

Although I see an occasional rat scuttling across the floor, and there is a somewhat putrid smell in the air, the conditions at Badam Bagh - it means 'The Almond Orchard' - are not as bad as I had expected. What is harrowing is the parody of justice. 

Afghan women can still be imprisoned for "moral crimes". These include running away from home, defying family wishes regarding the choice of a spouse, adultery and elopement.

A recent UN report stated that at least half of women imprisoned in Afghanistan are there for moral crimes. Zarafshan puts the proportion a lot higher.

She summons into her office Gul-Khanum, a 44-year-old woman from a rural district. She has two ink spots on her forehead and chin: ­ traditional markings tattooed on the most beautiful young girls. But now she has knife scars running down her neck, arms and face. Her thumb has been crudely sewn back on where a bullet went through her hand.

Gul-Khanum's husband accused her of [cheating on] him with her own cousin. The husband shot dead the cousin then went about maiming his wife before the police arrived at the scene.

I ask if her husband's accusations were true. "How could I do something like that? My cousin was like my son," she replies through tears. Gul-Khanum has been in prison for three months with no charge brought against her. Her husband is in prison elsewhere.

The US Department of State's 2009 Human Rights Report for Afghanistan says that police and prosecutors detain suspects for an average of nine months without charge.

The report also explains that detention of women is often at the request of other family members, with the criminal act of 'Zina' - strictly, fornication or adultery - used to justify a broad spectrum of social offences.

There are a number of women incarcerated for reporting crimes against them. Others are detained as "proxies" for their husbands or male relatives.

"What is he doing here?" asks one of the inmates (top left), looking up at me with kohl-lined eyes as Zarafshan shows me round the cells. "He's come to increase your sentence!" jokes the warden.

This woman was a failed suicide bomber. She was discovered at a police checkpoint wearing an explosive vest.

"The big question for me," says Zarafshan, "is why someone doing a suicide attack gets three years and a woman who is plainly innocent and hasn't killed anyone can be sentenced to 20 years?"

There is an explanation. The warden tells me the suicide bomber belonged to a criminal gang who had paid a bribe to have her sentence commuted to three years. "Money decides trials and imprisonment," said Zarafshan, "There is no justice here, only money."

The warden has invited me to meet Shahperai (top right). She is a delicate and softly spoken 22-year-old, in the ninth month of a 15-year sentence.

Aged 12, she was married off to a 39-year-old man. She has four children already. "My husband was one of our neighbours on our street. I used to call him Uncle," Shahperai explains. "I didn't know that one day he would come and take me to marry him."

She tells me her husband was a drug addict who systematically abused her, verbally and physically. Eventually she ran away with another man with whom she remarried and conceived another child. She was arrested after her first husband tracked her down in Kabul. Her new child was born behind bars in Badam Bagh.

"I regret my crime a lot. I know now what I did was wrong," Shahperai tells me. "But from the moment I was born into this world, I have not had one good day. Not one piece of luck."

Human Rights Watch report that nearly 90 per cent of women in Afghanistan complain of domestic abuse, while 70 per cent of marriages are arranged and, according to the US Department of State, 60 per cent of brides are still under the age of 16.

"My life is destroyed now," said Shahperai. "When they announced in court that I have 15 years I was happy, because I have nowhere to go. At least I am safe here."

Behind the razor-wired walls of Badam Bagh, she spends her days weaving jackets and socks to be sold on the outside in order to support her newborn child.

"My dream would be to have a beautiful and peaceful life outside of prison," she says, "but this is not possible now."

Read more: http://www.thefirstpost.co.uk/71545,news-comment,news-politics,15-years-jail-for-fleeing-from-a-cruel-husband#ixzz1OtqwI41N

Saudi women take to their cars hoping for change

Driving is something I definately take for granted, i've been driving since I was 16 and couldn't imagine NOT being able to drive.  It would be nice to see at least a few women driving because they are perfectly capable.  What do you think?


Saudi women take to their cars hoping for change
 Thu, Jun 9 2011
 

Cars travel along King Fahad main road in Riyadh February 21, 2011.

Credit: Reuters/Fahad Shadeed

By Asma Alsharif and Jason Benham

JEDDAH/RIYADH (Reuters) - Fed up with having no driver to ferry her to hospital, Shaima Osama decided to take matters into her own hands and drive there herself, an act of defiance in a country where women are banned from sitting behind the wheel.

Emboldened by the winds of change sweeping the Arab world, which has toppled leaders in Tunisia and Egypt, women in the conservative kingdom see no better time to seek greater freedoms by demanding the right to drive, something they would not have dreamed of doing a year ago.

"I learned that there is no law banning women driving. I took the keys, took a deep breath and started the car," Osama described how she drove in Jeddah last month.

Saudi Arabia has no written ban on women driving but Saudi law requires citizens to use a locally issued license while in the country. Such licenses are not issued to women, making it effectively illegal for them to drive.

Thousands of Saudi men and women joined Facebook groups calling for women's right to drive and challenge the ban. But only a few, like Osama, turned those calls into action.

Osama, 33, who has a severe vitamin D deficiency, drove herself to the hospital, received her vitamin injection but was stopped and arrested by police on her way home. She was released just hours later.

She took to the wheel just days before Saudi authorities arrested another woman, Manal Alsharif, who posted a YouTube video of herself driving in the kingdom's Eastern Province and calling on other women to do the same.

Alsharif has been released but faces charges of "besmirching the kingdom's reputation abroad and stirring up public opinion."

Like Alsharif, Osama learned to drive in the United States.

"The issue of women not being allowed to drive in Saudi Arabia has been in the public domain for more than 35 years," said Khaled al-Dakhil, a Saudi politics professor.

"This is not the first time women had driven cars but you could say that the revolutionary wave has added to momentum and added a new context."

Women also drove cars in 1990, but the government cracked down, arresting and firing from their jobs, an indication of what the authorities may do if more women follow in Osama and Alsharif's footsteps.

The issue has also been raised by King Abdullah, who in an interview in 2005 said it was only a matter of time before women drive in the kingdom but that people have to be ready for it.

Some women already drive in rural areas in the kingdom.

OPPOSITION

The two women and Facebook book groups are provoking a backlash from conservatives who oppose the idea of women seeking greater freedoms in a country where they must have written approval from a designated male guardian -- a father, husband, brother, or son -- to work, travel abroad and even undergo certain forms of surgery.

Conservatives have launched their own Facebook campaign calling on people to beat up any woman who tries to drive in the street. It has attracted more than 500 supporters.

Some 1,000 women have submitted a petition to King Abdullah supporting the ban against women driving, local media reported.

Saudi Sheikh Abdul Mohsen al-Obaikan, an adviser to the Royal Court, voiced his opposition while clerics have said that women driving would result in them being harassed in the street.

But the reasons appear to have more to do with religion.

"The religious establishment are trying to wrap the issue in the "sharia cloth" but they know that if women are allowed to drive it is a big change and a change in a direction they hate," Dakhil said. "The religious establishment are scared that society is changing faster that it should and that the revolutionary wave is driving this."

Saudi Arabia, a U.S. ally, has not seen the protests that have rocked much of the Arab world and Abdullah ordered handouts exceeding $100 billion earlier this year to discourage dissent.

"It was a good time for the regime to give concessions but they did not," said Mohammad al-Qahtani, head of the Saudi Civil and Political Rights Association.

"They can either allow women to drive or there will be more public resentment and there could be public protests in the street if this continues."

But allowing women to drive would also ease the financial burden on households and on the kingdom and would help reduce the kingdom's dependence on millions of foreigners who work as drivers.

Many families in Saudi Arabia have at least one driver with an average salary of around 2,000 Saudi riyals ($533) per month. Those who cannot afford this have a male member of family to drive them, often making it a time-consuming burden.

"I do agree with women driving. It would ease costs but there need to be some rules," said student Talal al-Hussain.

"Women shouldn't drive from 18 years of age like we do, but from their early thirties when they can look after themselves better," he said.

Whether protesting in the street or not, Alsharif has launched a campaign to challenge the ban aimed at teaching women to drive and encouraging them to start driving from June 17, using foreign-issued licenses.

Some women activists say the government's tough stance on Alsharif will deter many women from acting that day.

"What I project to happen is that these terrorizing tactics will minimize the bold activists to a manageable number so that the government is capable of dismantling any and all protests in the first 15 minutes," said female activist Lama Sadik.

Mohammad al-Zulfa, a former member of the advisory shuran council said he hoped the government would react "wisely" and make an announcement allowing women to drive.

"Maybe not now, but in one or two years time, allowing society to be ready for it," he said.

Afghanistan in the 60's and 70's... with or without burqas?

Here are some pictures of Afghanistan in the 60's and 70's.  I'm focusing mostly on women as you can see because what women wear in Afghanistan is a topic that really matters.

*disclaimer - these pictures do not represent the whole country.  Most of them were taken in large cities, and were not taken by me.*

This picture is interesting because you can see 4 distinct styles of clothing.  From a burqa, to a skirt and sweater. 

A classroom with women and men in it.  Stylish women too, and head coverings optional. 

This picture actually really touched me.  A school arts & crafts show!  Notice there is painting, calligraphy, sewing, embroidery, etc....    This young student, whoever she is, was in school and encouraged to not only learn but to create something beautiful for others to enjoy.  I used to enjoy participating in the exact same types of shows when I was that age. 

Students walking.

School girls in their uniforms.

Another Street Scene

Street market next to a modern building - taken in the 70's 

Now this is an interesting picture - these are some stylish looking people!  I believe this was some sort of event for one of Kabul's radio stations. (70's)

Students in 1980.

Some sort of park or university campus.

 Nice swanky tourist hotel.

The city skyline of downtown Kabul - I think it looks pretty.

I believe this is the Afghan version of Girl Scouts.

And finally, a burqa. I mean..... a woman wearing a burqa. Sorry, but when you look at that outfit you don't think "a woman" you just think "a burqa". I guess that's the point of burqas in the first place! 

To see more of Afghanistan in the 60's and 70's click here.

To see Kabul in the 80's click here.

For information about Afghanistan's Mineral Resources (and precious gems) click here.  You can buy jewelry made in & from Afghanistan!

Once upon a time in Afghanistan - before the wars.

I would like to share with you something that has interested me for a while now.  A country that used to be so 'normal', is now so (partially) backwards, shattered, and destitute. 

First watch this video:  Kabul - once upon a time

Did you notice the scenes of people going about their daily lives, school, shopping, and normalcy? 

Now watch this video:  News Channel special on Afghanistan

I realize that this is just a slice of life, and does not encompass the whole country.  But still, see how normal everything is?   Even out in the rural areas, there was relative peace and regular living.

The last video I would like to show you is footage of Kabul, the capital of Afghanistan before the wars, then after the fall of the Taliban, and then today.  Today is not all peaches and cream though.  Yes, there are some high rises and development in the capital but the majority of the country is destitute and suffering.   Here it is:  Kabul - before and after

The history of Afghanistan is so complicated, most people don't know a lot about it other than what they hear from the media and images of burkas and taliban.  Here's a version i've heard that describes the recent history in a nutshell:

Up until the late 1970's Afghanistan was (relatively speaking) a thriving country with universities, tourism, a strong military, and some decent steps towards letting women take place in all spheres of life (politics, school, jobs, etc...)  Then the Soviets invaded in 1979.  All of the rich people, educated people, and people with connections fled as refugees into Pakistan.  Millions of others were killed, and the US-backed Mujahideen fought the Soviets until they withdrew in 1989.   Afghanistan then fell into a civil war between the Mujahideen and the Soviet-backed Party until 1996 when the Taliban took control of the country.  During the civil war(1989-1996), and during the Taliban rule(1996-2001), millions of others fled as refugees all over the world, and millions more were killed.  Also during this time there was no 'real' government, laws, etc....   

So!  Afghanistan was in a constant state of war and/or non-government from 1979 until 2001.  All that was left after the fall of the Taliban in 2001 was shattered buildings, women in burkas with no chance for education and public life for 22 years, no schools, no government, no infastructure, no laws, hardly any trees. 

I enjoyed reading some stories about the day after the fall of the Taliban.  Some men immediately shaved their beards (beards were mandatory under Taliban rule), people flew kites (not allowed by the Taliban), photographs came out, old cassette players came out and music was heard for the first time in more than 10 years, etc, etc, etc....    

So, that's the recent history of Afghanistan in a nutshell.  I KNOW I skipped a lot of details, so please understand.   Thank you!


By the way, i'm still in the process of researching/investigating women's prisons in Afghanistan.  I'll post more info soon - there is actually not a lot of academic/legal information out there.  It is mostly news/journalism.

Is it fair? Is it right? Afghan women in prison - part one.

Imagine not being able to leave prison unless your husband or male relative will get you out.  Now imagine if your husband & male relatives put you in prison!  How will you get out?  This is what happened to a woman named Maida Khal who is currently 22 years old.  The picture isn't a very attractive one, but I think it is realistic.  (In the picture she is reacting to another female prisoner being released)   She is currently in the Mazar-e-sharif prison.

According to the National Geographic blurb about her, she was married off to a 70 year old paralyzed man when she was 12 years old.  UGH!  She couldn't carry him around because she was so young, so the old man's brothers would beat her.  She asked for a divorce when she was 18 and was put in prison.  I guess for the past four years she has just been..... sitting there.....in prison...... waiting for what?

"I am in jail because I don't have a male guardian.  I can't get a divorce and I can't leave prison without a man.  I have had a difficult life."  she says. 

How will she get out?  From what I can tell, she will NEVER get out of prison because the only people who can get her out are the people who put her there in the first place.  I don't know much about how prisons are in Afghanistan but i'm going to try to find out some info to share, just so we can see what Maida does all day. 

  maida-khal